A Dublin Circuit Criminal Court jury has found a construction company guilty of three charges of breaching health and safety legislation, which resulted in the electrocution of an employee at an M50 work site.
Ascon Ltd, Kill, Co Kildare, was convicted unanimously by the jury of failing to ensure, as far as was reasonably practicable, a safe workplace for its employees; failing to provide suitable guards or barriers in respect of overhead power lines resulting in injury to Michael O'Connell at the Sandyford Interchange on December 6th, 2002.
The jury of five women and seven men acquitted the company on a final charge of wilfully failing to comply with the bona-fide instructions of Aisling Davis, a Health and Safety Authority inspector, to ensure the electricity wire guards and warnings known as "goal posts and bunting" were in place.
The jury took one hour and 45 minutes to reach the unanimous verdicts on day four of the trial arising from the accident to Mr O'Connell when an excavator came into contact with overhead wires.
Ascon had pleaded not guilty through John O'Sullivan, as nominee, to all the charges.
Judge Joseph Matthews had earlier directed the jury, following legal argument, to return not guilty verdicts on the four charges against a second company, Rps Mcos Ltd.
Mr O'Connell told Paul Greene, prosecuting, that when guiding the barriers into place he felt "a sensation, everything went fuzzy and he was in extreme pain".
He said it occurred to him that he had been electrocuted because he was aware of the nearby overhead cables, but didn't think they were close enough to cause an accident.
He was taken to St Vincent's Hospital, where he was found to have damage between the thumb and index finger on his left hand and exit wounds to the back of his right thigh, which he described as "fire damage the size of a golf ball".
He spent a fortnight in hospital and needed skin grafts to his thigh and hand. He had to have a portion of his finger amputated after it failed to heal properly.
Mr O'Connell said that "goal posts", which are used to alert vehicles to overhead power lines and create a safe passageway for them to pass under, were not properly constructed at the time.
Mr O'Connell agreed the site was inspected each week by Ascon's safety officer and that weekly progress and monthly safety meetings were held.
He further agreed that monthly "toolbox" meetings were held at which employees discussed site safety.
Mr O'Connell accepted it was stated in his medical report that it was unclear whether his injuries resulted from the machine coming in actual contact with the wires or sparks from the cables hitting the machine.
Mr O'Connell agreed with Mr Greene, in re-examination, that he was intending to fix the goal posts, but the railing of the excavation site had been prioritised by the general foreman.
John Lardiner, the safety officer with Ascon, said that on the afternoon of the accident he spoke to Mr O'Connell regarding the need to repair the goal posts. He walked about 40m before he turned to see Mr O'Connell "fall over like a tin solider".
He thought initially Mr O'Connell had been struck by a pole but, as he approached him, he knew it was more serious because there appeared to be steam coming off his head.